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Cow-Legislation

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LAW FOR COW PROTECTION- R. K. Joshi   
(Paper presented before the National Seminar on the need for Central Law for Cow Protection, held at Delhi on 19-20 September, 1998)

continued....from Page 5

If the Court declares the definition of cows to include the entire cow progency then even without a Central Legislation the State Legislations in the entire as country they exist today will be able to take care of the entire progeny of cows. This issue is also placed before the Supreme Court in the appeal against the recent Gujarat High Court's judgement. One major legal obstacle being faced by panjrapoles involved in cow protection and mainte- nance is the application of Land Ceiling La Js and labour Laws. The application of Land Ceiling Laws has been depriving panjrapoles and gaushalas of their gauchar or grazing land as the area of gauchar permitted for a gaushala panjrapole is connected with the number of animals maintained by such panjrapoles or goashalas. The number is not uniform throughout the year or from year to year. In years of acute drought or famine the number swells and in normal periods the number goes down. Hence the movement of cow protection should also include the demand for exempting the Goshalas from Land Ceiling Acts. Similarly, the labour laws like Minimum Wages Act, Industrial Disputed Act. Provident Fund Act, Employees Insurance Act, Payment of Gratuity Act etc. are made applicable to Panjrapoles also. Panjrapoles are non-profit making organisations and cannot be equated with profit oriented industry by any stretch of imagination. They survive on donations from the Society and are managed by selfless individuals. If by application of labour laws they are made to undergo the attend- ant harassment as well as demand for high wages and resultant unrest by workers, it becomes impos- sible for them to conduct the affairs of Panjrapoles and Goshalas. Hence legal battle needs to be initiated for exempting Panjrapoles and Goshalas from application of Labour Laws also. This will help in better protection of cows and its progeny. As stated earlier, the issue of cow protection has many dimensions and even if a Central Legislation is enacted on this issue, so many other steps will be necessary for preservation and protection of cows. Grazing land and gauchar which have been snatched away from our cattle for industrial, residential or agricultural purpose will have to be restored. The vocation depending on cattle will have to be revived, the natural breeding facilities by rearing bulls of original breeds in large numbers will have to be created, the cross-breeding also will have to be abandoned, the export of concentrates will have to be banned, the ghanis at village level will have to be revived (rejecting the oil-mill concept) and the cropping pattern based on regional crops (yielding enough fodder for animals) throughout the country will have to be restored instead of the present cult of mono-culture of either wheat or rice. These areas will need manifold more efforts than those involved in getting a Central Law enacted. While on one hand we may strive for a Central Law, we must also commence work on the other areas also and if they are strengthened within a period of next one or two decades, then possibly the Central Law will not be necessary at all as our cattle would have proved their own worth and become eligible for voluntary preservation and protection by the Society.

Note: 
The author is an advocate exclusively attached with Akhil Bharat Krishi Goseva Sangh and Viniyog Parivar Trust, Mumbai handling animal related cases up to Supreme Court. He is also a member of the Maharashtra Animal Welfare Board and a Member of the Sub-Committee on amendment of Animal Welfare Laws appointed by the Animal Welfare Board of India.

 
























































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